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Krishna Janmabhumi Dispute | Plea For 'Preservation', 'Detention' & 'Inspection' Of Shahi Idgah Mosque: Allahabad HC Seeks UP Waqf Board's Reply
Sparsh Upadhyay
9 Dec 2023 8:03 AM GMT
In yet another significant development in the pending suits before the Allahabad High Court concerning Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, an application has been moved seeking for 'preservation', 'detention' and 'inspection' of Shahi Idgah Mosque and to permit for photography, videography of the land, building, basements and other places.It maybe be noted that the HC...
In yet another significant development in the pending suits before the Allahabad High Court concerning Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, an application has been moved seeking for 'preservation', 'detention' and 'inspection' of Shahi Idgah Mosque and to permit for photography, videography of the land, building, basements and other places.
It maybe be noted that the HC is hearing multiple suits seeking various reliefs, including declaration, injunction, and the right to worship at the mosque site as well as the removal of the structure and this application has been moved in one of those pending suits (Original Suit number 7/2023).
The application filed under Order 39 Rule 7 CPC has been filed by the deity-plaintiff (Shri Bhagwan Shrikrishna Lala Virajman) through advocate Reena Singh claiming that it would be interest of justice to direct the preservation and detention of the Shahi Idgah Mosque premises.
Taking the application on record, a bench of Justice Mayank Kumar Jain, on December 4 gave liberty to the defendants (the UP Sunni Central Waqf Board and the Management Committee, Shahi Idgah Trust) to file their objections to the same by the next date of hearing (December 18).
As mentioned earlier, the application in question has been moved in one of the original suits pending in the HC, inter alia, seeking a declaration that the land in dispute (including the area where Shahi Idgah Mosque is situated) vests in the deity Lord Shree Krishna Virajman and to direct the defendants (including UP Sunni U.P. Sunni Central Waqf Board) to remove the Mosque.
In one of the suits, it has also been claimed that Mathura's Shahi Idgah mosque was built under the orders of Emperor Aurangzeb, adjacent to the Krishna Janmabhumi, the place which is believed to be the place where Lord Krishna was born, after demolishing a Hindu temple.
In related news, the Allahabad High Court has already reserved its orders on a plea (filed in one of the pending suits concerning the Krishna Janmabhumi dispute) seeking the appointment of a court commissioner to inspect the Mosque in question.
A bench of Justice Mayank Kumar Jain reserved its verdict last month after hearing the counsels for the plaintiffs on their application for appointment of a Commission and the counsels for the defendants, who submitted that their application under Order 7 Rule 11 (D) [for rejection of the plaint in the original suit] should be decided first.
It may be noted that the Supreme Court on November 10 refused to suspend the ongoing proceedings before the Allahabad High Court which is hearing multiple suits concerning the Janmabhumi despite
A bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia, and Ahsanuddin Amanullah was hearing a special leave petition filed by the mosque committee challenging a May 2023 order of the Allahabad High Court transferring to itself a clutch of suits over the land dispute. A similar plea against the transfer order has also recently been filed by the Uttar Pradesh Sunni Central Waqf Board, which was heard yesterday along with the mosque committee's petition.
